Housing Type

Market Rate

Court

Supreme Court of the State of New York

County

New York County (Manhattan)

L&T / Index / Case / Docket / Clerk's Number

160131/2022

Slip Opinion Number

2024-NY-SlipOp-30238(U)

Petitioner

William 165 LLC

Respondent

New York City Dept. of Hous. Preserv. & Dev.

Judge

Waterman-Marshall, Kathleen

Decision/Order Date

2024-01-25

Posture

Other

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

Landlord sought a reversal of HPD’s decision to include its building in the CONH Pilot Program and a waiver from the program. Court found HPD’s decision rational and denied landlord’s requests. Key Legal Points: 1) Timeliness of challenge determined by actual notice, not publication date. 2) HPD’s interpretation of program criteria was reasonable. 3) No due process violation in placement on list without prior hearing. 4) Waiver request unripe without pursuing necessary steps within program.

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